Gatheru Gathemia & Co Advocate v Ngenda Location Ranching Co Ltd

Gatheru Gathemia & Co Advocate v Ngenda Location Ranching Co Ltd (Civil Appeal (Application) E071 of 2022) [2026] KECA 1231 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1231 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CIVIL APPEAL (APPLICATION) E071 OF 2022 MB KAIRARIA, JA JULY 1, 2026 BETWEEN GATHERU GATHEMIA & CO ADVOCATE ....................................... APPLICANT AND NGENDA LOCATION RANCHING CO LTD ................................ RESPONDENT (A chamber summons seeking leave to cease acting) RULING 1. The Chamber Summons application dated 22nd April 2026 principally seeks that the law firm of M/S Gatheru Gathemia & Co. Advocates be granted leave to cease acting for Ngenda Location Ranching CO. the appellant in the appeal and the Respondent in the application on grounds that the relationship between the Applicant advocate and the Respondent[client] has broken down so irretrievably that the said firm of advocates cannot be reasonably expected to remain on record as acting for the appellant in the appeal. 2. The application was served upon the client and there is an affidavit of service sworn by Norbert Moth on 24th June,2026. There is no response to the application but nothing turns on this as I note from the record that the appeal in which the applicant seeks to cease acting was dismissed for non - attendance on the part of the appellant at the hearing scheduled for 29th June, 2026. 3. In view of the dismissal of the appeal, the advocate’s application for leave to cease acting for the appellant has been overtaken by events and it will serve no useful purpose for me to consider the application on its merits. 4. Accordingly, the application dated 22nd April 2022 is struck out with no orders as to costs. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026. MURUNGI B. KAIRARIA https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1231/eng@2026-07-01 1

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